DHS secretary criticised by Children's Court

Jane Lee

Victoria's legal guardian for children in state care has been held partly responsible by the Children’s Court for the sexual abuse of two children in residential care.

Secretary of the Department of Human Services, Gill Callister, was reportedly criticised by the Children’s Court at a custody hearing for the brother and sister.

The siblings, both aged under 10, were previously removed from their mother and placed in separate units after allegations of abuse.

The court heard: "It is clear from the terrible things that have happened to [the children] in care that the secretary is in fundamental breach of her duty of care to each of them," ABC News reported on Wednesday night.

Those with a duty of care for children can be charged for acting or failing to act, in a way that results in them being physically or sexually abused under the Children Youth and Families Act.

But the court said such offences required consultation with the secretary to be brought: ‘‘This probably excludes the secretary as a person who may be charged.’’

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Community Services Minister Mary Wooldridge told Fairfax Media in a statement she had confidence in Ms Callister ‘‘and the important work of the Department in supporting vulnerable children and families in this state".

Ms Wooldridge said both the department and the secretary were working to deliver the Coalition’s reforms for vulnerable families.

‘‘They seek to ensure the protection and well-being of children who have been abused or neglected by their parents and respond quickly if further issues arise while in the care of the secretary,’’ she said.

The girl in the case was reportedly sexually assaulted by a boy six years older than her and she and other children were also allegedly abused on numerous occasions by another boy. She has tried to commit suicide and has been diagnosed with post-traumatic stress disorder.

Her brother was allegedly groomed and raped by an older boy, and also witnessed a girl living in the unit having sex with older men outside the unit.

The court also said no evidence had been heard on the department's supervision of agents it hired to run residential care units. It criticised the lack of responsibility department staff members had shown.

"No one from (the department) who gave evidence would acknowledge it was their role to monitor the care provided to these children by the agencies," the court said.

The department also ‘‘clearly misdirected’’ police investigating the alleged assault of one child, the court heard.

A spokeswoman for the department said it was considering the findings in the case. She said the department was deeply concerned about the two children's experiences and was resolved to ‘‘continue to improve the system to ensure the safety and wellbeing of the very vulnerable and traumatised young people in our care’’.

She said the department was working on the Coalition’s five-year plan to improve the out-of-home-care system, and had commissioned an independent review into the cases of the two children and others they lived with.

‘‘The department and the community services organisation involved have accepted – and are implementing – each of the recommendations.’’

The department had also commissioned former Australian Public Service Commissioner Lynelle Briggs to monitor its progress.

‘‘Ms Briggs will review how the department and service providers can better share information with professionals, schools and others about the children in our care,’’ the spokeswoman said.

Jenny Mikakos, the Opposition’s community services and children spokeswoman, said that the comments were ‘‘unprecedented’’ for the Children’s Court.

The operation of the child-protection system was in question, Ms Mikakos said.

‘‘If the court itself is now saying it does not have confidence in the department and the secretary, and now has to manage the ongoing care of these children from the bench, that should be ringing alarm bells within the Government.’’